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HomeMy WebLinkAboutORD.2615.11-15-1999BILL NO. 99-246 ORDINANCE NO.��I AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GLYN FERRELL, STEVE DIRNBERGER, PAUL DIRNBERGER, RITA DIRNBERGER, CHARLETTE DIRNBERGER AND KIM FERRELL, FOR PURPOSES OF MAINTAINING AND OPERATING A MANUFACTURED UNIT FOR OFFICE PURPOSES AT 902 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell are the owners of certain property in the City of Cape Girardeau, on which they desire to maintain and operate a manufactured unit for office purposes; and WHEREAS, the proposed location of said unit is 902 South Kingshighway, which property is presently zoned M-2, Heavy Industrial District; and WHEREAS, a Special Use Permit is required for said use in an M-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of maintaining and operating a manufactured unit for office purposes, on the following described property: A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri, containing .968 acres, more or less, described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line of Survey 173, Township 30 North, Range 12 East; thence North 840 06' West, along the north line of Survey 173, 245.0 feet; thence South 220 15' West, 742.0 feet; thence North 670 00' West, 501.6 feet for the point of beginning; thence continue North 670 00' West, 260.0 feet to the East right-of-way line of Highway 61; thence North 210 27' East, along said right-of-way line, 115.0 feet; thence North 81° 27' East, 110.8 feet; thence South 670 00' East, 164.0 feet; thence South 210 27' West, 173.0 feet to the point of beginning. is hereby granted to Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS 5 DAY OF N ©o emf : r , 19c4l 9. A. A. Spradling, III, MA -for ATTEST: - Gayle Conrad City Clerk SPECIAL USE PERMIT 66ur Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell, 140 Willington Lane, Cape Girardeau, MO 63701 by Marcia A. Mulcahy, Hahn & Mulcahy, 2858 Professional Court, Cape Girardeau, Mo 63701, are hereby granted a Special Use Permit for purposes of maintaining and operating a manufactured unit for office purposes, on the following described property for an indefinite period of time: A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri, containing .968 acres, more or less, described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line of Survey 173, Township 30 North, Range 12 East; thence North 840 06' West, along the north line of Survey 173, 245.0 feet; thence South 220 15' West, 742.0 feet; thence North 670 00' West, 501.6 feet for the point of beginning; thence continue North 670 00' West, 260.0 feet to the East right-of-way line of Highway 61; thence North 210 27' East, along said right-of-way line, 115.0 feet; thence North 810 27' East, 110.8 feet; thence South 670 00' East, 164.0 feet; thence South 21° 27' West, 173.0 feet to the point of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. t BO�n�i�FAGE�� 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Ma Girardeau, Missouri, affixes his sic i der of the City of Cape ture this /(c -h day of c ael G. Miller City Manager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU 1 On this day of �� V�A� Gr 19 before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. /I Delores G. Needham, Notary Public My Commission Expires: October 8, 2000 Filed for Record �Z4to $:5D r� NOV 2 3 1999 c" J Hanot flatwt, PIOGorasr Cape Girardeau 00unty CG STATE OF MISSOURI County of Cape Girardeau,) ss I hereby certify that this instrument was FILED FOR RECORD at the date and times o hereon and is or ed in Book.. 1.Sb3d.... Page... ... . ................ JANET ROBERT RecoSder of Deeds 1 Deputy CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this is day of , 19gg, the Cape Girardeau City Council considered the application for Special Use Permit dated 9/2/99 filed by Glyn Ferrel l , -Steme DirnberQtmr, Pau 1 Di nb gP.-, Rita ni nb g Charl Di nb ger and Kim F rrall for the property located at 909 Routh for the purpose of niirrposec . In examining this application, the following factors were considered and found as noted: Yes No City Council Findinga: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; _X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. _X 6. Be in conflict with the comprehensive city plan X N/A The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit C OF PE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayo City C k EXHIBIT "B" BILL NO. a -246 ORDINANCE NO. `S- 1 s AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GLYN FERRELL, STEVE DIRNBERGER, PAUL DIRNBERGER, RITA DIRNBERGER, CHARLETTE DIRNBERGER AND KIM FERRELL, FOR PURPOSES OF MAINTAINING AND OPERATING A MANUFACTURED UNIT FOR OFFICE PURPOSES AT 902 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell are the owners of certain property in the City of Cape Girardeau, on which they desire to maintain and operate a manufactured unit for office purposes; and WHEREAS, the proposed location of said unit is 902 South Kingshighway, which property is presently zoned M-2, Heavy Industrial District; and WHEREAS, a Special Use Permit is required for said use in an M-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of maintaining and operating a manufactured unit for office purposes, on the following described property: A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri, containing .968 acres, more or less, described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line of Survey 173, Township 30 North, Range 12 East; thence North 840 06' West, along the north line of Survey 173, 245.0 feet; thence South 220 15' West, 742.0 feet; thence North 670 00' West, 501.6 feet for the point of beginning; thence continue North 670 00" West, 260.0 feet to the East right-of-way line of Highway 61; thence North 210 27" East, along said right-of-way line, 115.0 feet; thence North 810 27" East, 110.8 feet; thence South 67° 00" East, 164.0 feet; thence South 21° 27' West, 173.0 feet to the point of beginning. is hereby granted to Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF oue-m be 1g 9. 4A.. Spradling, III, M or ATTEST: f Gayle L'. Conrad City Clerk SPECIAL USE PERMIT B(iDt�iAd�alsEx�a,� Glyn Ferrell, Steve Dirnberger, Paul Dirnberger, Rita Dirnberger, Charlette Dirnberger and Kim Ferrell, 140 Willington Lane, Cape Girardeau, MO 63701 by Marcia A. Mulcahy, Hahn & Mulcahy, 2858 Professional Court, Cape Girardeau, Mo 63701, are hereby granted a Special Use Permit for purposes of maintaining and operating a manufactured unit for office purposes, on the following described property for an indefinite period of time: A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri, containing .968 acres, more or less, described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line of Survey 173, Township 30 North, Range 12 East; thence North 840 06' West, along the north line of Survey 173, 245.0 feet; thence South 220 15' West, 742.0 feet; thence North 670 00' West, 501.6 feet for the point of beginning; thence continue North 670 00' West, 260.0 feet to the East right-of-way line of Highway 61; thence North 210 27' East, along said right-of-way line, 115.0 feet; thence North 810 27' East, 110.8 feet; thence South 670 00' East, 164.0 feet; thence South 210 27' West, 173.0 feet to the point of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. m4035ra,fMD" 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF,.="the City Mana er of the City of Cape Gira Beau, Missouri, affixes his si ature this fy-o day of AC<.?'tt /C16t� 19'2.1 Mfchael G. Miller City Manager 3T STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this -! U day of PiV&'))1'Y" 19 , before me appeared Michae G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and, year first above written. Delores G. Needham, Notary Public CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this 15 day of NDVeM,(, _199'9 , the Cape Girardeau City Council considered the application for Special Use Permit dated 9/2/99 filed by Glyn Farrell Steve Di rnhp pa 1 p' h q .qer Bit D'r h Charlpttp Dirnh rger and Kim Fprrpll for the property located at 902 Routh for the purpose of purposes_ In examining this application, the following factors were considered and found as noted: C!Yes No N/A City Council Finding The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards _X 3. Adversely affect the character of the neighborhood; _X _ or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community _X _ 5. Overtax public utilities. _X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit COF OPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayo d Alt :4 (,)�fT2'a� City C1*k EXHIBIT "B"